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ATTACHMENT B GENERAL TERMS & CONDITIONS 1) DEFINITIONS: As used throughout this contract the following terms shall have the meanings set forth below: a. "DEPARTMENT" shall mean the Washington State Military DEPARTMENT (WMD), or any of the officers or other officers lawfully representing that DEPARTMENT and includes the State E911 Coordination Office (SECO). b. "COUNTY" shall mean the Parties performing services under this contract or grant. It shall include any subcontractor retained by the COUNTY as permitted under the terms of this contract. c. "Subcontractor" shall mean one, not in the employment of the COUNTY, who is performing all or part of those services under this contract under a separate contract with the COUNTY. The terms "subcontractor'' and "subcontractors" mean subcontractor(s) in any tier. d. "PSAP" means Public Safety Answering Point as defined in WAC 118-66. e. "WAC" is defined and used herein to mean the Washington Administrative Code. f. "RCW" is defined and used herein to mean the Revised Code of Washington. 2) ACCESS TO PUBLIC RECORDS: a. The Parties acknowledge that the DEPARTMENT is subject to RCW 42.56, the Public Records Act, and that records prepared, owned, used or retained by the DEPARTMENT relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection or copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records. b. The COUNTY shall provide access to data generated under this Contract to the DEPARTMENT and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the COUNTY'S reports, including computer models and methodology for those models. c. Access to Data -State law prohibits state agencies from entering into agreements when the contractor could charge additional costs to the agency, the Joint Legislative Audit and Review Committee, or the Office of the State Auditor for access to data generated under the Contract, thus all such data will be provided at no additional expense. For the purposes of this requirement, "data" includes all information that supports the findings, conclusions and recommendations of the contractor's reports, including computer models and methodology for those models. 3) ADVANCE PAYMENTS PROHIBITED: No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the DEPARTMENT. 4) AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101-336, 42 U.S.C. 12101 et seq. (also referred to as the "ADA") and its' implementing regulations at 28 CFR Part 35. The COUNTY must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 5) ATTORNEY'S FEES: Except as provided in the section entitled "Recapture Provisions", in the event of litigation or other action brought to enforce the terms of this Contract or alternate dispute resolution process, each party agrees to bear its own attorney's fees and costs. 6) COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES : The COUNTY shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, and/or policies. This obligation includes, but is not limited to, nondiscrimination laws and/or policies; the ADA; Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (e.g., Federal Acquisition Regulation 48 CFR Sec. 52.203-5); Public Records (RCW 42.56); and safety and health regulations. In the event of the COUNTY'S noncompliance or refusal to comply with any applicable law, regulation, executive order or policy, the DEPARTMENT may rescind, cancel, or terminate the Contract in whole or in part in its sole discretion. The COUNTY is responsible for all costs or liability arising from its failure to comply with applicable law, regulation, executive order or policy. 7) CONTRACT MODIFICATIONS: The Parties may, from time to time, request changes to the Contract. All mutually agreed changes shall be incorporated by written amendment. No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties, and any oral understanding or agreements shall not be binding. It is mutually agreed and understood that the COUNTY is allowed to reallocate funds within the basic service operations category as needed. E911 COUNTY BSO Contract Page 7 of 17 Kittitas COUNTY, E19-025